The production company that is being sued over a fatal plane crash during the filming of Tom Cruise‘s movie, “American Made” has filed new legal docs, saying the real culprit is the aviation company that didn’t properly care for the plane.

As we reported, on Sept. 11, 2015, a Piper/Smith Aerostar 600 crashed in Colombia, killing 2 occupants ﻿– American pilot Alan Purwin and Colombian pilot Carlos Berl. A third was seriously injured.

The heirs of the people who died filed wrongful death lawsuits against Cross Creek Pictures, which produced the movie. Now Cross Creek claims S&S Aviation, which owned the plane, did not maintain it properly. The suit claims S&S was “negligent in failing to properly inspect, repair, maintain and ensure airworthiness.” Cross Creek also claims S&S failed to provide adequate pre-flight preparation and pilot training.

Cross Creek is asking the judge to nail S&S for any damages for which it may be on the hook.